[Reader-list] Supreme Court quashes defamation cas

[Jeebesh]

PRESS STATEMENT

Supreme Court quashes defamation case on activists by Association of  
Pesticide Manufacturing Companies

4th August, 2010, Warangal and New Delhi


A two Judge bench of the Indian Supreme Court of India, on 20th July,  
2010, quashed[1] the  criminal defamation case against 11 activists  
initiated by the Crop Care Federation (formerly Pesticides  
Associations of India, a consortium of pesticide manufacturing  
companies)). The chemical consortium had filed the case against the  
activists in the Magistrate's Court of Warangal for publishing a  
report titled "The Killing Fields of Warangal" in 2002. The report  
which was a preliminary investigation of the impacts of pesticides use  
in the cotton belt of Warangal district of Andhra Pradesh (India) was  
termed defamatory by the largest and most powerful pesticide companies  
in the country.


In its judgement on 20th July 2010, the Honourable Court observed that  
“The general tenor of the report indicates that the report meant to  
focus the harmful effects of exposure to pesticides. It is quite  
evident from the report that it was not meant to harm, hurt or defame  
any individual or the manufacturing company”. The ruling marks a  
landmark judgment favouring freedom of speech, and transparency and  
was fought by very well known Indian environmental lawyer, Mr. Raj  
Panjwani.


This SLAPP type litigation (Strategic Lawsuit Against Public  
Participation), brought upon by one section of pesticide industries,  
would have resulted in a continued long and expensive trial for the  
activists, which had already begun over 5 years ago. The Warangal  
court had also issued non-bailable arrest warrants against some of the  
'accused' in 2007, after Andhra Pradesh High Court had dismissed the  
appeal to quash the proceedings


The list of  those who were charged included: Dr. Rajan R Patil  
(Epidemiologist), Ms. Madhumita Dutta (Corporate Accountability Desk –  
The Other Media), Mr. Ravi Agarwal (Toxics Link), Dr. D. Narasimha  
Reddy, Mr. P. Damoder (Sarvodaya Youth Organisation), Mr. Rajesh  
Rangarajan (formerly with Toxics Link),  Ms. Abitha Anand (independent  
Journalist), Salil Chaturvedi (Splash Communications), Kishore  
Wankhade (formerly with GGF) and others.


We, as the members of the fact-finding team and others associated with  
this report, condemn such harassment of environmental and public  
interest activists. We decry pesticide industry's intimidating tactics  
to suppress public voice, deny access to information and to put  
profits before farmers’ health.


We, as the members of the fact-finding team and others associated with  
this report, humbly declare our commitment to the following:


·         Bring to the attention of the people, farmers and policy  
makers in the country and the world about increasing hazards of  
pesticides to farmers and growing scientific evidence about the  
hazards of these chemicals and the grassroots level use of pesticides.

·         Work for rational/ethical policies of use and distribution  
of pesticides with an unequivocal emphasis to phase out toxic  
substances and chemicals used in their manufacture.

·         Declare our commitment to non-chemical method of  
agricultural production. Help prevent harassment of public-spirited  
individuals and activists fighting for similar causes.


We, as members of the fact-finding team call upon state and national  
governments to actively work towards eliminating the threats posed by  
hazardous agrochemicals for the well-being of farmers and the  
agricultural environment.



NOTE:

Background


The fact finding team consisted of representatives of diverse  
organizations that are involved with agricultural issues in rural  
areas, sustainable development, environmental protection and related  
public health issues. This included representatives of Toxics Link  
(New Delhi), Community Health Cell (Bangalore) and Sarvodaya Youth  
Organization (Warangal).


The findings of this team were published in an indicative report which  
aimed to be a transparent and account of indicative evidence that has  
been collected methodically and released for public debate to help in  
devising a rational and ethical pesticides policy in the country.


The Cropcare Federation of India (formerly Pesticide Association of  
India), a consortium of manufacturers of agrochemicals has criticized  
this report and has claimed to be defamatory in nature. The Federation  
initiated criminal proceedings against the members of the fact-finding  
team and others associated with the publishing of the said report  
stating that the report is a malicious and defamatory attempt by the  
members of the team to defame the pesticide manufacturers and traders  
among the general public, thereby affecting their credibility and  
their business.


Subsequently, the organizations and the individuals were engaged in a  
legal battle at the Warangal Metropolitan Magistrate's Court where the  
case had been filed. Members of the fact-finding team and others  
associated with this report denied all the allegations as false,  
misconstrued and out of context of the report. This indicative report  
was based on findings of the fact finding team after:


a)      Visits to a number of villages in Warangal district;

b)      Discussions with farmers and their relatives in the district;

c)      Discussions with members of the medical profession and the  
Indian Medical Association in the area who were involved in the  
treatment of patients affected by spraying of pesticides;

d)      Discussions with officials in the district including joint  
director- agriculture, and

e)      Dialogue with other stakeholders in the district.


Driven by the primary objective of protecting the health of farmers,  
the indicative study was done in a transparent manner, with all the  
data, the methods used and the sources publicly announced in a spirit  
of accountability. It called for a larger investigation into the  
issue. The objective clearly was neither against any industry, nor  
against any particular association. The concern was about human health  
and ecology as a whole.


The final recommendations of the fact finding team state that:


1.       Initiation of education and counselling programmes for  
farmers and farm labourers in Warangal district on organic agriculture  
(especially cotton) in association with civil society and government  
institutions.

2.       A detailed investigation into similar experiences elsewhere  
in the country and a formulation of a comprehensive national pesticide  
policy that would focus on rational use of pesticides, control and  
strict monitoring of accessibility to such dangerous chemicals and  
gradual phase-out of chemical pesticides.

3.       A larger investigation into the issues raised in the report.






[1] Reference: Supreme Court of India, Special Leave Petition, 3700 of  
2008, Rajesh Rangarajan vs M/S Crop Care Federation of India and ANR,  
arising from CPLP 4155/06, subject CRIMINAL MATTERS - MATTERS FOR/ 
AGAINST QUASHING OF CRIMINAL PROCEEDINGS, http://courtnic.nic.in/supremecourt/causedisp.asp